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HomeMy WebLinkAboutPROBOLSKY RESEARCH - 2011INSURANCE ON FILE N-20? ?'? 1$ WORK MAY PROCEED UNTIL INSURANCE EXPIRES /-2 CLERK OIL CONSULTING AGREEMENT DATE: Co)CM? ?°?? This Consulting Agreement ("Agreement") is made as of this 6`h day of September, 2011 MGrK by and between Probolsky Reseazch LLC, a California Limited Liability Company ?Qwr?hCe ("Consultant") and the City of Santa Ana, , a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Client"). RECITALS A. Consultant has experience with employee relations, inter-governmental relations, opinion reseazch, media relations, and public relations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. In view of Consultant's experience, Client desires to engage Consultant and the Consultant wishes to be engaged by the Client subject to the terms and conditions set forth below. NOW THEREFORE, the parties agree as follows: 1. EnQa?ement. The Client hereby engages the Consultant and Consultant hereby accepts appointment as a consultant for the Client upon the terms and conditions hereinafter set forth. 2. Consultant Duties 8z Description of Services Consultant shall advise Client on communications and outreach to governmental agencies, media, stakeholder groups and residents on issued relating to the City budget and other related matters. See Scope of Work attached hereto and incorporated herein as Exhibit A. A. Payment for Services: Consultant shall be available for the performance of services hereunder during the term hereof at reasonable times. Total compensation for this Agreement will not exceed $25,000. Payment by the Client shall be made within thirty (30) days following receipt of proper invoice evidencing work performed subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by Client. Page 1 of 4 B. Expenses. Consultant's expenses such as meals, travel and other incidentals shall be paid for by Consultant. C. Advice of Leal Counsel. Client hereby acknowledges that he/she/it has been represented by legal counsel, or had full opportunity to be represented by legal counsel, as to the terms of this agreement. Client hereby acknowledges that the terms and conditions of this agreement have been read and are understood by the Client, and there are no agreements or understandings, oral, written, or otherwise, which in any manner alter, abridge, or conflict with the foregoing, and this Agreement may be altered, modified, or abridged only in writings signed by both parties. 3. Obligations of the Parties. The respective duties and obligations of the parties hereto shall commence on September 6, 2011, and terminate on December 6, 201 1. This Agreement may be cancelled by either party with a 30-day "written" notice to the other party. 4. Relationship of the Parties: The parties to this Agreement are not employer and employee, and nothing herein shall be construed as creating such relationship between them. The parties intend that Consultant be an independent Consultant and not an agent or employee of Client. 5. Indemnification: Each party shall indemnify the other party against all liability or losses resulting from any claims or actions based upon or arising out of injury or death of persons or damage or loss of property caused by any acts or negligence of any of the other party, its employees or agents in connection with performance of the Agreement. 6. Work Product Ownership: Consultant maintains ownership of any intellectual property created or used in connection with this Agreement. 7. Miscellaneous: A. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, or facsimile, or seventy-two (72) hours after being mailed, certified or registered mail, return receipt requested, postage prepaid, to the address set forth immediately following signatures of the parties hereto or to such address as either of the parties hereto may from time to time in writing designate to the parties herein. B. Successors. The covenants, agreements, terms and conditions contained in this Agreement shall be binding upon and insure to the benefits of the heirs, executors, administrators, successors and assigns of the respective parties hereto, providing that Consultant or Client may not assign any or all of his rights, privileges, or duties hereunder without the prior written consent of the Consultant and Client. Page 2 of 4 C. Applicable Law_ This Agreement shall be governed by the laws of the State of California, provided that any provision of the Agreement which may be prohibited by or otherwise held invalid under such law shall be ineffective only to the extent of such or invalidity and shall not invalidate or otherwise render ineffective any or all of the remaining provisions of this Agreement. In the event of a dispute between the parties, such disputes shall be tried in Orange County, California and the parties agree to submit to the jurisdiction of the Orange County Courts. D. Controversy. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all expenses, including without limitation reasonable attorney's fees, incurred in connection therewith. E. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto, fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereto and no change in, modification of or addition, amendment or supplement to this Agreement shall be valid unless set forth in writing and singed and dated by each of the parties hereto subsequent to the execution of the Agreement. F. Consultant's diligence: no warranty of success. Consultant shall use best efforts and diligence in performing the services required by this Agreement. Consultant makes no warranty, expressed or implied, as to the results of the services provided or any future services that may be contracted. 8. Waiver of Conflict of Interest. Consultant performs a variety of professional services for its clients, including other firms and government agencies. It is certainly possible, even likely, that we will represent these and future clients on matters that may or will be adverse in some way to Client interests. By signing this Agreement and returning it to us, Client acknowledges that we have discussed these matters with Client, and Client confirms that is does not object to our representation of other clients on matters where positions may be different from or adverse to Client's and that Client waives any conflict of interest with respect to our representation of such clients. Client further confirms that it will not assert any conflict of interest concerning such representation or attempt to disqualify Consultant from representing such clients notwithstanding such adversity. While Client would certainly be free to terminate this relationship. Client agrees that Consultant nonetheless would be free to represent such clients even on those matters, which Client considers adverse, and that Client waives any conflict of interest in connection therewith. These acknowledgements do not permit Consultant, without Client's written consent, to represent another client in opposing the specific project for which the Client has engaged us. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the day and year first above written. "Consultant" Adam D. Probolsky for "Consultant" Probolsky Research LLC ?? 1601 Dove Street Suite 195 Newport Beach CA 92660 ATTEST: ? ?Yl?-? .sue - /.? Maria D. Huizar Clerk of th:: Council "Client" f S to Ana ??? Paul Walters Interim City Manager APPROVED AS TO FORM: Joseph Straka Interim City Attorney BY: ?i?ir ? c,C? G- Lisa Storck, Assistant City Attorney Page 4 of 4 FFCFAACH SCOPE OF WORK Probolsky Research LLC is among a small group of research organizations that have an extensive public-sector practice, conducting research on behalf of local and regional government agencies. Our nearly twenty years of experience includes extensive work on issues relating to taxation and other revenue enhancement options for local government. Understanding public opinion is an important part of making informed public policy decisions and is critical to developing an effective outreach effort. When proposing voter/property owner revenue measures we have found that voters generally need to achieve comfort in four key areas: 1. There must be a pressing need for the money; 2. There are no other sources available to fund the purpose; 3. The money will be spent as promised; and 4. Existing funds are being well managed Our research will help to deliver a clear picture of the landscape of public opinion so that we can understand the concerns of the community and how best to communicate with them. Specifically, we will help you to- • Assess satisfaction levels with city leadership and services • Help set priorities on various services • Understand the community's needs, wants and opinions, specifically in terms existing city services, programs and facilities and future projects • Identify voter receptivity to various potential revenue scenarios in juxtaposition to decreasing levels of City services and outsourcing Identify features and benefits that influence support or opposition Test assumptions and develop strategic message points • Profile support and opposition by various demographic measures critical to targeted outreach efforts, including geographic, gender, vote propensity and others • Test draft language for a potential ballot measure(s) • Establish a roadmap for communication and outreach efforts Given the limited budget and need to survey in multiple languages, we recommend the following polling scenario: Statistically Valid Telephone Survey: MARGIN QUESTIONS RESPONDENTS OF ERROR COST up to 25 325 +/-5.6% $25,000 Suniey to be conducted in Eng/ish Spanish and ?ietnamese Prior to fielding our research, a considerable amount of preliminary work will be performed by Probolsky Research, including engaging key stakeholders and providing strategic counsel to the City. It takes a special kind of relationship, a history and knowledge of a community and its leaders to be useful in this part of our work. For nearly twenty years Protwlsky Research founder and CEO Adam D. Probolsky has worked with and been involved in the business, governmental, political and charitable communities of California and specifically in Orange County. This has allowed him to develop and maintain quality relationships with elected officials and staff members at all levels of government, as well as with key members of the media and business communities. Throughout our work on your behalf we will remain available for meetings and conference calls as requested. Research results are Kept in the strictest of confidence and released only to designated parties and then, only in formats approved in advance by our clients. We are available to write customized reports such as brieFng memoranda when so directed by your office. Probolsky Research LLC 1601 Dove Street S?i[e 195 Newpo r[ Beach CA 92660 USA Newport Beach: 1949] S55 6400 Sacramento: 1916) 256 4040 Washington DC_ 12021 559 0270 www.probolskyresea rch.com CERTIFICATE OF LIABILITY INSURANCE OPID MS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE?COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. e ee ea e o er s an a po cy es mus a en ores , su ec o the terms antl conditlons of the policy, certain po]ICles may require an entlorsen)ent. A statement Dn this certlflcate does not confer rlghts to the cenlflcate holder In Ileu of such endorsement(s). PRODUCER NAME- Fraemaa & Yearce xas. - COCSA Lic. #0559854 c Ne Eat : AIC, No 1216 N. Tustin Street ADDRESS: OraaQe CA 92967 CUSTOMER IO *: PROBO-1 _ ahone:714-558-1334 Fax:714-629-1330 WSUAER(S)APFORDINOCOVERAOE NAICs INSURED WSURERA: American casual ey eo orAaaciing 20427 PSObOlakyyH R®aBerCh LLC - WguRER B : ConGinantai casually coogany 20443 1A601 DoveO$treet, $uii:e 195 IN8URER C: NeWNort Heach CA 92660 IN8URER D: INSURER E : COVF12Cr?FR CFQ TIRI["ATC IUIiMOCO• a??ne„?u u„u sees. THIS IS TO CERTIF S O CE STED B O VE BEE ISSUED TO THE 1 URED NAMED INDICATED. NOTWI7HSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WV POLICY NUMBER MMIOD MM/DDA'YY17 LIMITS GENERAL LIABILITY EACJ-I000IdtRENCE $ 1 , 000 , 000 A 'X COb?v+ERCIAl GENERAL LLAHIITIY B 1073363845 06/06/11 06/06/12 PREa115ES IEa oecurrenee) s 300,000 cLwMS?0.IADE ?X occuR >?o EJW (Ant one Personl $ 10 , 000 ]? PERSOIJP)_&ADVINJURY S 1,000,000 ' GFNERPL AGGREGATE $ 2, 0 0 0? O O Q GF1J'L AGGREGATE LIhtTT APPLIES PER: PRODUCTS-COLSP/OP AGG $2,000,000 POLICY J?ECo-T LOC $ AUTOMOBILE LIABILIK .COMBINED SINGLE LIMIT ANY A1ST0 (Ea ecdOent) $ 1 ? 000 , 000 ALL OWNED AUTOS BODILY INA_RiY (POr per50n) $ SCt?DULEO AUTOS BODILY INJURY (Per eCCldtnt) $ PROPERTY OV?MAGE $ 8 X MIRED AUTOS 8 1073378815 06/06/11 06/06/12 (Per ecclCerl7 X Nor?owNEO ADTOS $ UMBRELLA LIAB OCCI.Gi ? EACH OCCURRFJ.'CE $ EXCESS LU1H CWMSMPDE n ? AGGREGATE DEDUCTIBLE ???0 V ? 7jY 5 RETENTION $ $ WORKERS COMPENSATION AND EI.IPLOYER8' LIAHILTf \. / N {'* ?? ? ttOrney A TORY LII.tITS ER ANY PROPRIETO1tIPPRTNER/EJrECUTIVE OFFICER/Nlc'?BER EJCCLLIDED't O /A ?` G\t tarp Et_ EAICH/YCCIOENT $ (Mandatory In NH) Ar35\S 7 II s tlesviDe n0er / / E.L. DI6EASE - EA EMPLOYEE $ , u oE?scRIPnGN cF oPF?anTlolvs eaow \/r! E L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONB / LOCATONS /VEHICLES (Attsch ACORD tei, Atltlttlonal R?marke Sehadu[a, H meta apata Ia reaulred) CERTISxCATE HOLDER x$ *Ta*•**FD A3 ADD2TSONAL SN$URffiD A3 RSQU'x RED HY WRxTTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION C2TY002 SHOULD ANY OP THE ABOVE DCBCRIBCD POLIGIEB BE CANCELLED BEPORE THE EXPIRATION DATE THEREOP, NOTICE-WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVI810N8. AUn1OR1ZED REPREBEMATVE CSTY OF SANTA ANA 20 CSV2C CENTER PLACE ANTA ANA CA 92701 ®1988-2009 ACORD CORPORATION. All rlghts reserved. A?cvrzu zo (zODa/Da) The ACORD-name antl logo are reglsterod marks of ACORD CNA t`? r" ` se EdBOros THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional Insured on any other endorsement now or hereafter attached to this Policy. 1. ADDiTIONA4 INSURED- BLANKET VENDORS employees or anyone eiee acting on its behalf. However, this exclusion does not WHO IS AN INSURED Is amended to inducts as an apply to• additional Insured any person or organization (referred to below as vendor) with whom you agreed, because (1) The exceptfona contained In of a written contract or agreement to provide Subparagraphs d. yr f.; or insurance, but only wish respect to 'bodily inlury' or (2) Such tlons, adjustments, tests or 'property damage' arfslng out o y f our roduots` which p as servicing g as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make In vendors business, subject to the following additional the usual course of business. In exclusions: connection with the distribution or sale of Y_ The insurance afforded the vendor does not apply the products. to: 2. This Insurance does not apply to any insured a. 'Bodily Injury` or 'property damage' for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such products, or any Ingredient, part or reason of the assumption of liability In a container, entering into, accompanying or contract or agreement. This exclusion does containing such products. not apply to liability for damages that the 3. This provision 2. does not apply to any vendor vendor would have In the absence of the Included as an insured by an endorsement Issued contract or agreement; by us and made a part of this Policy. b. Any express warranty unauthorized by you. 4. This provision 2. does not apply If 'bodily Injury' or c. Any physical or chemical change In the 'property damage' included within the 'products- product made Intentionally by the vendor; completed operations hazard' Is excluded either by the provisions of the Policy or by endorsement. d. Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, 2• MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under Instructions from the manufacturer and then WHO IS AN INSURED Is amended to Include as an , repackaged in the original container; insured a any person organization (called additional insured) described in n paragraphs 2.a. through 2.11. a. Any failure to make such inspections, below whom you are required to add as an additional adjustments, bests or servicing as the vendor Insured on this policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must ® make in the usual course of business. In be: connection with the distribution or sale of the 1. Currently in effect or becoming effective during the products; term of this policy; and f. Demonstration, installation, servicing or repair 2. Executed prior to the 'bodily injury,' 'property operations, except such operations performed damage' or 'personal and advertising Injury; but ® at the vendors promises In connection with the gala of the product; Only the following persons or organizations are Products which, after distribution or sale b O' by additional Insureds under this endorsement and coverage provided to such additional Insureds Is you, have been labeled or relabeled or used limited as provided herein: as a container, part or Ingredient of any other s thing or substance by or for the vendor; or a. Addkbonel Insured-Your Work h. 'Bodily injury' or 'property damage' arising That person or organization for whom you do out of the sole negligence of the vendor for its n additional insured solely for liability 15W own acts or omission or thoMP7?7? _ni Ap Ag f1'® our negligence specifically resulting SB-146932-D Page i of b (Ed. 07/09) LISA E. STOftCK Assistant City Attorney ?? ?, SH-148932-D (Etl. 07109) from your work for the additional Insured This Insurance does not apply to 'bodily which Is the subject of the written contract or Injury,' 'property damage' or 'personal and written agreement. No coverage applies to advertising Injury' arising out of operations liability resulting from the sole negligence of performed for the state or municipality. the additional Insured. c. ContrAMUng lntarest The Insurance provided to the additional insured Is limited as follows: Any parsons or organizations with a controlling Interest In you but only with respect (1) The Limits of Insurance applicable to the to their IIANlity arising out of: additional Insured are those specified In Their flnanoiel control of the written contract or written agreement (1) you; or or In the Declarations of this policy, (2) Premises they own, maintain or control whichever Is lose. These Limits of while you lease or occupy these Insurance are Inclusive of, and not In premises. addition to, the Limits of Insurance shown in the Declarations. This insurance does not apply to structural alterations, new construction and demolition (2) The coverage provided to the -additional operations performed by or for such additional Insured by thts endorsement and Insured. paragraph F.D. of the dellnltlon of 'Insured contract' under Liability and Medical d. hlanagera or Laiswe of Promises Expanses DaBnitiona do not apply to A manager or lessor of premises but only with 'bodily Injury' or 'property damage' respect to liability arising out of the ownership, arising out of the 'products-completed maintenance, or use of that specific part of the operations hazard' unless required by the promises lesed to you and subject to the written contract or wrttten agreement, following additional exclusions: (8) The Insurance provided to the additional This Insurance does not apply to: Insured does not apply to 'bodily Injury,' property damage, or 'personal and (1) Any 'occurrence' which takes place after advertising injury' arising out of the you cease to be a tenant in that promises; rendering or failure to render any or professional services. (2) Structural alterations, new construction or b. State or Political Subdlvislons demolition operations performed by or on A state or ov behalf of such additional Insured. following provisione subdivision subject to the a. Mortgage*. Assfgw or Receiver (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, - state or political subdivision has Issued a assignee, or receiver and arising out of the permit In connection with promises you ownership, maintenance, or use of a promises own, rent, or control and to which this by you. Insurance applies: This insurance does not apply to structural (a) The existence,- maintenance, repair, alterations, new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, Insured.- cellar entrances, coal holes, f. Owners/Otheir Interests _ Land Is Leased driveways, manholes, marquees, holstaway openings, sidewalk vaults, An owner or other interest from whom land street banners, or decorations and has been leased by you but only with respect similar exposures; or to liability arising out of the ownership, (b) The construction, erection, or maintenance or use of that specific part of the removal of elevators. or land leased to you and subject to the following additional exclusions: (2) This Insurance applies only with respect This Insurance does not a to operations performed by you or on your apply to: behalf for which the state or political (1) Any 'occurrence' which takes place subdivision has Issued a permit. after you cease to lease that land; or .SB-148932-D APPROVXf 3 JLS TO r` oilm Page 2 of s (Ed. 07109) LISA E. STORCK ?slgrant City Attorney 3?G /1 n sB-1ae932-o " (Ed. 07/63) (2) Structural alterations. new Damage To Property. is replaced by the cortstnrcUon or demolition operations following: performed by or on bahall of such additional insured. k. Damage To.PropKly gl. Co,ownetof ifssurad Premisee 'Property damage' to: A co-owner of a promises co-owned by you 1_ Property you own, rent or occupy, and covered under this Insurance but only Including any costs or expenses with respect to the co-owners liability as co- Incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason. Including lease equipment. Such person or organization prevention of Injury to a person or damage to anothees property; are Insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises a give away or o use by you of equipment leased to you by 'p abandon. It the property damage' such person or organization. A person's or arises out of any part of those organization's status as an Insured under this premises; endorsement ends when their written contract or agreement with you for such leased 8. Property loaned to you; equipment ends. 4. Personal property in the care. With respect to the Insurance afforded these custody or control of the insured; additional insureds, the following additional S. That real any la it exclusions apply: property on wh ch you any This Insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any 'occurrence' which takes place performing operations. If the 'property after the equipment lease expires; or damage' arlses out of those (2) To 'bodlly Injury,' 'property damage' or operations; or 'personal and advertising injury' arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional Insured. replaced because your work' was Any insurance provided to an additional Insured incorrectly performed on It. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to 'bodily Injury' or 'property apply if the premises are 'your work' and damage' included within the 'products-oomplated were never occupied, rented or held for operations hazard.' rental by you. 8. The following Is added to Paragraph H. of the Paragraphs 1, % and 4, of this exclusion BiJSINESSOWNERS COMMON POLICY do not apply to -property damage' (other CONDITIONS: then damage by lire or explosion) to H. Other buiz ranon t? premises: 4. This Insurance Is excess over any other (1) rented to you: Insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (9) -to the contents of premises rented to written contract or - written agreement you for a period of, 7 or fewer specifically requires that this Insurance be consecutive days. either primary or primary and noncontributing. A separate limit of Insurance applies to Damage To Premises Rented 4. LEGAL LIABILITY - DAMAGE TO PREMISES To You as described in Section D - A. Under B. Exclusions, 1. Applicable to Liabili surancend Medical Expenses Limits of In t? Business Liability Coverage, Exclusion k. APPROVED As TO FORM SB-148932-0 ( ' C Page a of s (Ed. 07109) f T ? LISA E. S r RCK fisslsta^t city Attorney Paragraphs 3, 4, S, and 6 of this exduslon do not apply to Ifablt[ly assumed under a sidetrack agreement. Paragraph 8 of this exclusion does not apply to 'property damage' Included to the 'products-completed operations hazard ' B. Under B. Exefus.k>ns, 7. Alpplkrable to Bwlnsss Liability Coverage, the last paragraph of 2. Ercctuslons is deleted and replaced by the following: t_xdustons o, d, ?, t, g, h, 1, k, 1, m, n, and o, do not apply- to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premfaes? rented to you for a period of 7 or fewer consecutive days. A separate Ilmit of Insurance applies to this coverage as described In Section D. Liability And IlAodksat t=+? ?--- Limke Of Inauraaes. C. The first Paragraph under Item S. Dameps To Premises Rsrrtsd To You Lhtk o? Section D. Liability And Ysdlutl EScparrssa Llimfta Of tnaa:ana is replaced by the following: The mast we will pay under Business Liability for damages because of 'properly damage' to any otw ptarrtla?s, while ranted to yau, or temporarly occupied by you, with the permission of the owner, InelucNng contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Ilmlt shown to the Declaration. S. - Broad K.rwwladps oT Cowarrsncs The following Items are added to E. Bwlrraawwnara Ciansraf Liability Condkiorra In the B LIabllky Covarwge Form: s. Paragraphs a. and b_ apply to you or to any additional Insured ony when such 'occurrence,' offense, Balm or •sulY la known to: (1) You or any additional insured that is an Individual; (2) Arty partner, If you or art addWonal Insured la a partnership; (8) Any manager, ff you or an additional insured Is a limited IIebIIHy company; (4) Any •exeCUtNe offlCer' or Insurance manager, K you or an addtional insured is a corporation; SB-148932-D (Ed. 07109) ?1 SB-148932-D - " (Ed. 07/09) (? Any trustee, If you or an additional Insured Is a trust; or (ti) Any elected or appointed offlGal, If you or an additional Insured is a political subdivision or public entity. This paragraph ?. applies separately to you and any additional Insured. B_ Bodily Nr)ury Section F. Llairllity acrd Yadical Etrpsrrses Dslinkkrns, item S. 'Bodily Injury' Is deleted and replaced with the toltowlrtg: 'Bodily In)ray' means bodly Injury, .sickness or disease sustained by a person, inctuding death, humlllatbn, shock, mental anguish or mental Injury by that pennon ai any time which results as a consequence of the bodily injury, sickness or disease. 7. E7tparrded Personal and AdivertisLrg YtJury Dofinltksn The following Is added to Ssetiorr F. Liability and Psrsarraf dvsriisf ?• ksm 14. B C#arraral ?Sllty ?Covarags Form: h_ Dlscdminatlon or humlltatlon that results In Injury to the feelings or reputation of a natural person, but only "rf such dfscriminatlon or humlllatlon Is: 1. Nlot done tntantionally b]r or at the dlreetlon of: a. The fissured; or b. Any `executive officer,' director, stoekfrotder, partner, rnembar or manager (if you are a Ifmked Ilablliry company) of the Insured; and 2. Not directly or Indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any._Insured. B. The fallowing Is addetl to f3tclualona, Ssotkrn B_: (16)Diacrknkratiorr Relating to Room, Drrslling or Pranrlasa Caused by discriminatton directly or !ndlrecty related to the sale, rental, lases or sub-lease or prospective-safe, rental, feaae or subaease of any room, dwelling or premises by or at the direction of any insured. APPROVED -AS TO FORM _ ? ?>'? Page 4 of b LISA E. STORCK Assistaht City Attorney (cam (16) Elates or PehaMias Fines or penaRiea levied or Imposed by a governmental entity beeauae - of disctiminauon. C. Thla provlafon (Expartdetl Persatal acrd AdvaaUakrg fnlury) does rlOt aPPb to dlscrlminaUon or humltlatlon committed In the states of New York or Ohio. Also, Expanded >? ee? t! Z ®_ '? SB-7 4t>?-D (Ed. 07/09) SB-146932-D (Ed. 07/09) Personal and Adveriielag lajvy Coverage does not apply to policies Issued In the states of New York or Ohlo_ D. This provision - (Expanded Personal and Adver?laing rMury) does not apply If ` Ponwrwl and Adveatisis?g injury. !lability Es .axdu'tlod either by the{nbvlslons.of the Policy- or by endorsement. D Ag ?U ? FUkZ1Vf. ApPROV - LISA E. STORCK J Assistant City Attorney ??? Page S o15